The hearing before U.S. District Judge Henry Hudson is set for Wednesday afternoon.
Twenty-one-year-old Aaron Tobey of Charlottesville was detained Dec. 30 after partially disrobing to display the text of the Constitution’s Fourth Amendment written on his chest. Tobey claims airport security procedures violate the amendment’s protections against unreasonable search and seizure.
A disorderly conduct charge ultimately was dropped, but Tobey claims in his lawsuit that the arrest violated his constitutional rights. Defendants include Homeland Security Secretary Janet Napolitano and John Pistole, administrator of the Transportation Security Administration. They argue that they are immune from such lawsuits.